Trustee is offering a deal on the 4Runner!

[AMISLANDER]

Just got an email from my attorney!

Trustee has offered a deal for me to keep the SUV.

With the Carmax appraisal, the trustee has decided that he wants $3,200 and I can keep the 2000 4Runner and NO COURT TOMORROW!!!!!

Thoughts? Six payments will be interest free!

[HHM]

I think this takes us back to the first posts you made about this...

Do you want to keep it, after all, you say its got all kinds of mechanical problems. Almost out of spite, I would just say no, and let the beast become the Trustees headache. Also, there is still a chance you could actually win in court, the lien may be held to valid.

However, this is a decision only you have a enough information at hand to make. i.e. whether you can afford the payments ($533 per month)...do you even want to keep the car, if you didn't keep it what would you drive. Maybe look at it this way, if you were contemplating buying the car, would you pay $3,200 for it, knowing it has all these problems. After all, you can get a pretty decent, albeit old, car for $3,200.

After all the posts that have been written about this topic, you should take it to court Honestly, if it were me, and you could reasonably afford a $533 per month payment for a short time, I'd dump it and go get something else.

[AMISLANDER]

I think this takes us back to the first posts you made about this...

Do you want to keep it, after all, you say its got all kinds of mechanical problems. Almost out of spite, I would just say no, and let the beast become the Trustees headache. Also, there is still a chance you could actually win in court, the lien may be held to valid.

However, this is a decision only you have a enough information at hand to make. i.e. whether you can afford the payments ($533 per month)...do you even want to keep the car, if you didn't keep it what would you drive. Maybe look at it this way, if you were contemplating buying the car, would you pay $3,200 for it, knowing it has all these problems. After all, you can get a pretty decent, albeit old, car for $3,200.

After all the posts that have been written about this topic, you should take it to court Honestly, if it were me, and you could reasonably afford a $533 per month payment for a short time, I'd dump it and go get something else.

My mom said she'd help me with half the payment. I can do that...then dump it!

Yeah, I don't know what to think about this offer, if I go to court I am risking this right?

I wonder if I could win in court?

This poor SUV has been beat to death! I'd love to trade it for a little celica....was thinking about the other little Toyota SUV, the highlander...I don't know if I can do without the space.....lol

[SinkingFast]

You know what the Trustee is after here. MONEY!!

You filed a counter Motion so now the Trustee thinks you really, really wanna keep the car. The Trustee's best bet to get a good amount of money is to make a deal with you. You've given him enough info to know it won't sell well at auction.

Your CarMax estimate was roughly $4K. You have a $2100 repair bill. Now you're down to $1900. Take off your $1K Exemption. At best, the Trustee is gonna get maybe, MAYBE $1K out of the deal if it goes for sale.

Then you've got Mom's lien on the title. Maybe the Trustee knows he/she isn't on firm ground with that arguement. Maybe the Trustee has a feeling the Judge might side with you if you show up.

Personally, I would not have Mom help with payments to the Trustee. Save her help for sometime when you desperately need it. Medical bills. A place to live. Major things. If you need her help to get a car, go for one that's in better mechanical condition.

Go to the hearing prepared to hand over the keys. If that's what happens, that's what happens. Take your $3200 and buy a different old beater. One that's in better mechanical condition.

But you might win. Then you'd beat the Trustee at his own game.

[HHM]

Yeah, I don't know what to think about this offer, if I go to court I am risking this right?

Correct, if you say no, and go to court, the deal the trustee is offering will be off the table.

If you accept the deal...would the car even last six months, with NO repairs.

I don't think you come out ahead by accepting the deal...if your original plan was to keep it, sell it (for whatever you can get for it), that idea seems off the table because now you have to pay $3,200 for the privilege of selling (for probably barely more than that) the car 6 months from now.

It's a huge risk either way, that is why only you can make the decision...if you go to court and lose, the trustee will want to send someone out to get the vehicle within the week (most certainly by next week). However, if you go to court, you have a chance that you could win (probably not, but at least there is a chance), and if you lose, the trustee will still have to pay you the exemption value (make sure to ask about this if you go to court). Incidentally, I know your lawyer is not representing you in this particular aspect of your case, but has he said anything, or given you any kind of insight on this lien issue.

If you accept the deal, then your stuck with the car and paying the trustee $3,200 over the next six months, and if the car really conks out before you are done making payments, you still have to pay the trustee. Also, I agree with SF, having you use your moms help to keep this apparent piece of crap, is not worth it.

Finally, the trustee doesn't so much care about the needed repairs so long as the car is running...its not like the trustee is going to drive it himself or get any repairs, all he cares about is if the repairs are manageable enough that he could get "true" wholesale value for the car (which he probably can in this case).

[AMISLANDER]

You know what the Trustee is after here. MONEY!!

You filed a counter Motion so now the Trustee thinks you really, really wanna keep the car. The Trustee's best bet to get a good amount of money is to make a deal with you. You've given him enough info to know it won't sell well at auction.

Your CarMax estimate was roughly $4K. You have a $2100 repair bill. Now you're down to $1900. Take off your $1K Exemption. At best, the Trustee is gonna get maybe, MAYBE $1K out of the deal if it goes for sale.

Then you've got Mom's lien on the title. Maybe the Trustee knows he/she isn't on firm ground with that arguement. Maybe the Trustee has a feeling the Judge might side with you if you show up.

Personally, I would not have Mom help with payments to the Trustee. Save her help for sometime when you desperately need it. Medical bills. A place to live. Major things. If you need her help to get a car, go for one that's in better mechanical condition.

Go to the hearing prepared to hand over the keys. If that's what happens, that's what happens. Take your $3200 and buy a different old beater. One that's in better mechanical condition.

But you might win. Then you'd beat the Trustee at his own game.

YOU ARE SO RIGHT ON!!!!!!

I've really got nothing to lose here by going to court! Truth is I'm either going to get $1k win, lose or draw...with the option to pay$3,200 on a vehicle I paid $14K for....and will still need all the repair work...one day soon that starter is not going to engage...brakes, converters, sensors, spark plugs, antenna, qtr.panel, bumper....hmmmmm....

I might win!!! You know how they hate to go to trial, especially in Florida!

I've already taken the day off tomorrow!!!

[FilingOnMyOwn]

Well, I just happen to be someone who works on my own cars, and in my opinion that suv would be worth alot more to me than 3200 because I would do all the work myself, and nothing you mentioned is really that major.

My neighbor just sold his '98 4 runner with 185,000 miles for 8,000. But it was the most expensive trim model I believe.

But if your boyfriend or whoever is not willing or able to do the work on your truck for you, and you'd have to spend alot of money paying others to fix it, than you have to weigh it out for yourself whether its worth keeping or not.

Thats really all we can say to help you over the internet lol

[SinkingFast]

Well, I just happen to be someone who works on my own cars, and in my opinion that suv would be worth alot more to me than 3200 because I would do all the work myself, and nothing you mentioned is really that major.

My neighbor just sold his '98 4 runner with 185,000 miles for 8,000. But it was the most expensive trim model I believe.

But if your boyfriend or whoever is not willing or able to do the work on your truck for you, and you'd have to spend alot of money paying others to fix it, than you have to weigh it out for yourself whether its worth keeping or not.

Thats really all we can say to help you over the internet lol

That's it right there in a nutshell.

Those of us who can work on our own cars, this would be one thing. Those of us who can't and pay for repairs, it's a whole different story.

And then there's Mom's help. What if you take it now for this car and then something else happens??!! Something major for you. You might really, really need her help then but it won't be available because you already cashed in your chit.

[AMISLANDER]

Yes, I do not work on my vehicles and do not have the disposable cash to work on the vehicle...and my mom has been wonderful all the way around with me & my problems!

I"M GOING TO COURT!!!!


Just looked up Toyota Celica's on autotrader, for my area of FL and I can go and get a loan and have a newer (car for my $3,200 plus the loan that I can get) and no problems of the beast!

WISH ME LUCK!!!!!

[kcj]

I would definitely go to court armed with all your paperwork regarding repairs, Carmax, and the lien. The trustee's "deal" doesn't look all that great to me.

[AMISLANDER]

I would definitely go to court armed with all your paperwork regarding repairs, Carmax, and the lien. The trustee's "deal" doesn't look all that great to me.

Thank you! I am taking this board's advice and going for it!

[lrprn]

Thank you! I am taking this board's advice and going for it!

Sure hoping that court goes well for you tomorrow and you get to dump your money pit (aka POS car), Amis!

I've had to testify in court before a judge several times before (malpractice trial cases - nothing like you see on TV!). The advice I was given by the hospital lawyers was to keep my comments to the judge short and to the point, answer all questions asked but volunteer no information that wasn't specifically asked for, and let the situation and the facts speak for themselves. Sounds like it might be good advice for your court situation too.

We will all be on pins and needles until you come back and let us know what happens! My fingers are crossed that everything goes your way and your car will finally be history - best of luck!